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GetItInBlackAndWhite

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Everything posted by GetItInBlackAndWhite

  1. Prime subcontracting to another Prime

    I recently had a situation where a contracting officer suggested rather strongly that we (a Prime on an IDIQ) subcontract to the other Prime on the IDIQ. There are only two primes and it seems to me that suggesting that we subcontract to each other would limit competition. I've seen this in very large IDIQs where there are many Prime contractors, but in this case there are only two. Has anyone else had this issue? The guidance from the CO was verbal. He hasn't given this guidance in writing.
  2. Locating old FAR clauses

    Does anyone know a place to find previous versions of FAR clauses? My old company had a system that allowed you to pull old clauses. It made comparing clauses a breeze when COs issued a bilateral mod to update clauses. My new, however, doesn't have anything like that so figuring out what has changed in a clause update is a huge pain.
  3. I recently received feedback on a T&M proposal that is prompting my question about fee maximums on time and material contracts. We had to submit a breakdown of the proposed labor categories which included the rate buildup and proposed fee. The proposal was made up of prime and subcontract labor and each category was clearly identified in the file. A fee percentage (greater than 10%) was put on prime labor while a lesser percentage was added to subcontractor labor. The contracting officer has referenced FAR 15.404-4(d)(1)(ii)(C) and advised that fee shouldn't exceed 10%. My understanding is that the maximum referenced in that clause is a contract maximum, not a limitation on each element of cost. Do you agree?
  4. T&M allowable fee

    Thank you both for your responses. My read of the clause was also that it pertained to the Contracting Officer's evaluation rather than an actual statutory limitation. I'm drafting my response to the CO now. I'm interested to see his response.
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